HomeMy WebLinkAbout07-10-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of MARY C. TALLANT
also known as
File Number
r//, 01-~r;1
, Deceased
Social Security Number 514-16-7974
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
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(State relevant circumstances, e.g, renunciation, death of executor, etc.) ....: (f) 7' ~; i\ ~
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution oi~~en~ offer~ ~
for probate, was not the victim ofa killing and was never adjudicated an incapacitated person:'':'Y::O\ .If: :.>) '?
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IZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated February 3, 1999 and codicil(s) dated
Executrix
o B. Grant of Letters of Administration
c.Jl
(Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.)
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Carlisle Boro, Cumberland County, Pennsylvania with his / her last principal residence at
ChaDel Pointe. 770 South Hanover Street. Carlisle. Pennsvlvania 17013
(List street address, town/city, township, county, state, zip code)
Decedent, then 82
years of age, died on June 18, 2007
at Chapel Pointe, 770 South Hanover Street, Carlisle, P A
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(Ifnot domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
:J q, t/4?'V
I
$
$
$
$
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
T d or rinted name and residence
Janis L. Glosenger 6 Jenny Drive, Boiling Springs, P A 17007
Form RW-02 rev. 10.13.06 Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner( s) and that, as personal representative( s) of the Decedent, Petitioner( s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
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before me the
II/lit
day of
Signature of Personal Representative
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Signature of Personal Representative
File Number:
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Estate of MARY C. TALLANT
, Deceased
Social Security Number: 514-16-7974
Date of Death: June 18, 2007
AND NOW, , Q/(X)7 , in consideration ofthe foregoing Petition, satisfactory proof
having been presented fore e, IT IS DECREED that Letters Testamentary
are hereby granted to JANIS L. GLOSENGER
in the above estate
and that the instrument(s) dated February 3, 1999
described in the Petition be admitted to probate and filed of recor
Short Certificate( s) . . . . . . .. $
RenunC~iation(( ..... ..... $
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Attorney Signature:
FEES
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Letters
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Attorney Name:
Supreme Court I.D. No.: 27742
Address:
26 West High Street
Carlisle, PA 17013
Telephone:
717-243-6222
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Form RW-02 rev. JO.13.06
Page 2 of2
1I0'i.805 REV (01/071
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
,'ee for this certificate, $6.00
P 13 6u2CL6U_
Certification Number
This is to certify that the information here given: i:
correctly copied from an original Certificate of Dead
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Records Office for permanent filing.
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Local Registrar Date Issued
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~105-1~ REV 1112006
TYPE / PRINT IN
PERMAHENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
STATE FILE NUMBER
82
lib. Ccu1Iy 01 00aIh
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16. 0ladInI'1 MalIng Addr.- (5nel, cIIy /IowIl, _. ~ code)
4. Date of llllIlIl(Month. day, yNI)
June 18, 2007
OOl1er. Specify:
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White
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2101 L.oalIIon (CIy /Iown, _. zip code)
Leola, PA
Carlisle PA 17013
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25. DaIa Prunoln:ed !load (Month, day, year)
1:02 P M. June 18, 2007
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OV8I ClINo
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boIare d8ath
D Unlcnown 8 ~ _tho paat year
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DIsposiaoo PemNI No. . n D 334--\ '1
WIl.L
I, MARY C. TALLANT, of 6 Jenny Drive, Boiling Springs, Cumberland County, Pennsylvania,
declare this to be my Will and revoke all prior Wills and Codicils. .....,
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. ::.;;: 0 -.1:"0 III
FIRST: Tangible Personal Prooertv. ~-:j:O L. en p
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I give all tangible personal property owned by me at my death and all insur~E~~liCiti on ~~ 23
such property as follows: ".Jc-)Q" C::)
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(a) To those individuals who survive me by thirty days who are de~~ted 01'$ list\~:.,~" fll
or memorandum signed by me which refers to this Will or is found with a c3f>y thereO+:-the'
items listed beside their names; provided that no such list or memorandum shall be valid ~ess
it is received by my Executor within sixty days of my Executor's qualification.
(b) The balance (including any item under subparagraph (a) the bequest of which
has lapsed) in as nearly equal shares as is practicable to such of my children as survive me by
thirty days, per stirpes.
(c) With respect to any item passing under subparagraph (a) or (b) to a minor, my
Executor (i) may hold and deliver it to the minor at majority or earlier, or deliver it to any
person to hold for the minor; or (ii) may sell it, hold and invest the proceeds and, at any time,
pay the proceeds to the minor, to the Custodian appointed in this Will or to the guardian of the
person or estate of the minor to hold for the minor, or apply the proceeds for the minor's
benefit for any reason without considering other funds available to the minor. The receipt of
any person who receives an item or payment hereunder shall be a complete discharge to my
Executor.
(d) My Executor shall pay, as an expense of settling my estate, all costs of
delivering such tangible personal property, including the costs of packaging, delivery and
insurance.
SECOND:
Residue.
I give the residue of my estate in equal shares to such of my children, JANIS LOUISE
GLOSENGER and LINDA LEE BONNEL, as survive me by ninety days; provided that if any such
child fails so to survive me, but is represented by descendants of mine who so survive me,
such descendants of mine shall receive, per stirpes, the share such deceased child would have
received had he or she so survived me. III c. .:J
PAGE ONE OF SIX PAGES
THIRD:
5Dendthrift Provision.
Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary
or involuntary alienation.
FOURTH:
Death Taxes.
(a) All death taxes (and interest and penalties thereon) imposed upon any property
passing under my Will and upon proceeds of insurance on my life, but not otherwise, shall be
paid out of my residuary estate.
(b) I authorize my Executor, in my Executor's sole discretion, to make an election,
in whole or in part, to cause a Pennsylvania Inheritance Tax to be payable by my estate on
property passing to or for the benefit of my spouse or to defer the Pennsylvania Inheritance
Tax on such property. My Executor shall be without liability to anyone for making or failing to
make such election.
FIFTH:
Administrative Powers.
My Executor shall have the following powers in addition to those conferred by law until all
property is distributed:
(a) To retain any real or personal property in the form received and to sell it at public
or private sale.
(b) To manage real estate.
(c) To purchase all forms of property without being confined to so-called legal
investments and without regard for the principle of diversification.
(d) To exercise any option or rights arising from ownership of investments.
(e) To compromise claims without order of court or consent of any legatee.
(f) To distribute in cash or in kind.
(g) To employ accountants, agents, investment counsel, brokers, bank or trust
company to perform services for and at the expense of my estate and to carry or register
PAGE TWO OF SIX PAGES
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investments in the name of the nominee of such agent, broker, bank or trust company. The
expenses and charges for such services shall be charged against principal or income or partly
against each as my Executor may determine. My Executor is expressly relieved of any liability
or responsibility whatsoever for any act or failure to act by, or for following the advice of, such
accountants, agents, investment counsel, brokers, bank or trust company, so long as my
Executor exercises due care in their selection. The fact that an Executor may be a member,
shareholder or employee of any accounting, investment or brokerage firm, agent, or bank or
trust company so employed shall not be deemed a conflict of interest. Any compensation paid
pursuant to this subparagraph shall not affect in any manner the amount of or the right of my
Executor to receive commissions as a fiduciary.
(h) With respect to the interest vesting in a beneficiary who, in the opinion of my
Executor, is incapacitated by reason of age (other than minority) or illness (mental or physical)
when such interest vests in him or her: to hold the interest during his or her incapacity and
to invest the interest and all accumulations thereon; to apply so much of the income and
principal as my Executor deems advisable for such beneficiary's benefit for any reason without
considering other funds available to him or her; and to deliver the balance of principal and
income to the beneficiary at such time as he or she gains capacity. In addition, at any time
to pay the entire interest to the guardian of the estate of the incapacitated beneficiary to hold
for his or her benefit. The receipt of a guardian or such other person as may be selected by
my Executor to receive a distribution under this subparagraph shall be a full and complete
discharge to my Executor.
SIXTH:
Definitions.
(a) The words "Executor," "Guardian," and "Custodian" when used herein shall
include all genders and the singular and plural as the context may require.
(b) The words "Child, " "Children," "Grandchild," "Grandchildren," and "Descendants"
shall include persons adopted prior to attaining age twenty-one (21) and their descendants.
(c) When distributing residue to the descendants "per stirpes" of any individual
under this Will, such residue shall be divided into as many equal shares as there are children
of such individual then living and such children then deceased represented by descendants
then living, and each then living child shall receive one share, and the share of each deceased
child shall be divided among his or her descendants in the same manner, repeating this pattern
with respect to succeeding generations until all shares are determined.
PAGE THREE OF SIX PAGES
') 11 C.:J
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(d) Paragraph headings in this Will are for reference only and shall not affect the
meaning, construction or effect of this Will.
SEVENTH:
Custodian.
(a) I appoint such individual or corporation (including a fiduciary serving hereunder)
as is designated in writing by my Executor or Trustee as Custodian for (i) any beneficiary who
has not attained age twenty-one (21) at the time an interest is distributable outright to him or
her under this Will, and (ii) except to the extent a valid appointment of a Custodian has
otherwise been made, any person who has not attained age twenty-one (21) at the time an
interest is distributable outright to him or her as the result of my death from any other source.
Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or
Uniform Transfers to Minors Act then in effect in:
1 . The jurisdiction in which I am domiciled at death, or
2. The jurisdiction in which the beneficiary is domiciled, or
3. The jurisdiction of an existing Uniform Act custodianship for the minor.
The selection among the foregoing shall be made by my Executor or Trustee, in my Executor's
or Trustee's absolute discretion.
(b) If the applicable Uniform Act in the governing jurisdiction permits the
postponement of distribution to an age beyond age twenty-one (21) if so directed in the
governing instrument, I hereby direct that distribution shall be postponed until the maximum
age permissible under the Uniform Act.
(c) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for any
Custodianship property, and no successor has been otherwise appointed, I hereby appoint my
Executor (or if my Executor declines to serve, such individual or corporation as may be
designated in writing by my Executor) to serve as Custodian under the Uniform Transfers (or
Gifts) to Minors Act for any Custodianship property of which I am the Custodian. Upon
written acceptance of the successor Custodianship, my Executor (or such designee) shall be
authorized to take custody of any such property.
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PAGE FOUR OF SIX PAGES
'.
EIGHTH: Executor.
I appoint my daughter, JANIS LOUISE GLOSENGER, Executrix. If my said daughter, JANIS
LOUISE GLOSENGER, fails to qualify or ceases to act for any reason, I appoint my daughter,
LINDA LEE BONNEL, Executrix in her place. My Executrix shall not be required to post security
in any jurisdiction.
/1
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IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of V ~'^7
1999.
SIGNED 'J //lo(/l. (! d~
MARY C. LLANT
The preceding instrument, consisting of this and five (5) other typewritten pages each
identified by the signature of the Testatrix was on the day and date thereof signed, published
and declared by the Testatrix therein named as and for her last will, in the presence of us, who
at her request, in her presence and in the presence of each other have subscribed our names.
~ .1. (DW9);t)
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COMMONWEALTH OF PENNSYLVANIA:
: ss
COUNTY OF CUMBERLAND
We, 1Svoo~ E._ t\-vlrlzcl \
witnesses whose names are signed to the attached or foregoing instrument being duly
qualified according to law, do depose and say that we were present and saw the Testatrix sign
and execute the instrument as her last will; that she signed willingly and executed it as her
free and voluntary act for the purposes therein expressed; that each of us in the hearing and
sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge, the
Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or
undue influence. ~ J).. ~
~fi!v-- {j .
and ~J, M<- E W eul
PAGE FIVE OF SIX PAGES
Sworn and subscribed to
before me thiS~ay
Of~.1999.
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COMMONWEALTH OF PENNSYLVANIA :
: ss
COUNTY OF CUMBERLAND
I, MARY C. TALLANT, whose name is signed to the attached instrument, having been duly
qualified according to law, do hereby acknowledge that I signed and executed the instrument
as my last will; that I signed it willingly; and that I signed it as my free and voluntary act for
the purposes therein expressed.
~~~. fJ~
MARY C. T' LANT
Sworn and.affirmed to and acknowledged before me thiS~ay Of~ 1999.
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PAGE SIX OF SIX PAGES